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  • gc4sk
    06-22 04:39 PM
    My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.

    I was thinking of disclosing my employers name but then I will never be able to file I-485




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  • makemygc
    08-01 12:25 PM
    Dear all,

    I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?

    My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...

    I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?

    Thanks and good luck!

    yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.




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  • Administrator2
    09-23 01:47 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

    Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?




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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • ganguteli
    01-30 06:47 PM
    This is plain simple illegal to secure H1B without a job. Period. There is no question of moral or ethical issues here.

    Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.

    Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.

    Please ask masaternyc to take up this cause and march to Washington DC for us. He can do this work along with his crusade on labor subs and get double the number of virgins. :D:D




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  • webb4
    08-21 09:32 AM
    Category: EB2 India
    PD: 2/10/2006
    Service Center: NSC
    RD: 8/2/2007
    ND: 9/12/2007
    RFE: Oct 2008
    Interview @ San Jose Office: Jan 2009
    Interview Result: Pending Visa Availability.
    8/1: Created SR. Reply on 8/10 your case is under review, You will receive decision or notice of action in 30 to 60 days.
    8/2: Infopass Appointment @ San Jose -- IO bought the file to the counter and asked for EVL and also a letter from company stating they support my I140.
    I work for Top 5 company in Silicon valley. Company attorney got the required documents in 3 days. IO also generated FInger Printing appointment the same day.
    8/11: Infopass Appointment @ San Jose -- Submitted the EVL and other documents given by the company. IO made copies of our Finger Printing notice.
    8/19: Infopass Appointment @ San Jose -- Officer checked the status of our case and indicated visa number has been assigned. Files are with the same officer.
    8/20: Card Production ordered for my wife and myself.
    { 10 yr + 6 Months in this country ( F1 - Masters - H1 - Green Card)
    Thanks to VLDRao / Q for starting to predict dates in EB3- Eb2 prediction thread which really gave me hope of getting my green card.
    All the best to all you folks.



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  • fetch_gc
    09-05 05:38 PM
    PLease see signature for more details




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  • psaxena
    02-09 10:13 AM
    Your transaction ID for this payment is: 32R78275M69540623.
    donated $50

    I will be in India around that time so cannot attend the campaign in person.

    All the best to IV .. hope we get the justice ASAP.



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  • summerof98
    06-16 01:57 PM
    My attorney received all six receipts and sent it to my home address by UPS.

    Here are the details:
    Priority Date: Jan 2002
    Mailed to NSC on May 31st.
    Received at NSC on June 1st.
    Transferred to TSC (I-140 was Approved from TSC)
    Receipt Date - June 01
    Notice date - June 08

    All receipt numbers (me and my wife) start with SRC-07-XXX-XXXXX


    Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.




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  • sapota
    10-08 12:51 PM
    I also want USCIS to count my legal presence in the US prior to obtaining permanent residency (GC) for naturalization purposes. (Canada does this - 50% credit for time spent legally before obtaining permanent residency).

    I want. I want. I want. :)



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  • TomPlate
    07-05 09:40 AM
    Received at Lincoln, NE. Sign by Santda backin Kulcha at 12:00 AM on Sunday night.




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  • pappu
    03-10 11:36 PM
    This will really help. Simple things like posting on various web site forums about IV will be great
    Least someone can do. we had a thread with this campaign. Could someone activate it again and encourage everyone to participate. We need to grow the community pretty fast.



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  • rsharma
    09-24 08:36 AM
    In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
    (unless the title and job description totally different in 2010 for B)

    By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

    Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

    The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

    EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

    Else it is your fate.. you know better what to do...




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  • zeta7
    07-21 11:54 PM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.



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  • svg108
    05-23 11:18 PM
    Sent emails to all the senators in the list.

    Nicely done Logiclife.

    Thanks

    -SG




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  • pappu
    11-18 06:20 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..

    No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.

    Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.

    Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.



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  • probe
    10-03 04:14 PM
    how do you track if the money order was cashed?

    Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
    You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...




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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • Green.Tech
    09-09 07:08 PM
    Will EB-3 ever get out of 2001? :rolleyes:




    anilsal
    12-12 12:42 AM
    Good question.
    Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
    Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
    I guess just a single drop of lime can spoil a litre of milk?




    redsox2009
    11-17 04:09 PM
    If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D



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